Confused about law...

Discussion in 'Website Content for Sale' started by CrystalSuga, Aug 24, 2008.

  1. CrystalSuga

    CrystalSuga New Member

    Citizens and civil leaders alike expressed dismay when Van Nuys Video announced it would be opening a store in little Mill Creek. The town, a quiet suburban refuge from nearby Seattle, prides itself on its reputation of clean living, clean air, clean streets, and clean minds. Van Nuys Video, which calls itself the ?supermarket of video stores,? stocks thousands of titles, including a large selection of NC-17 and unrated adult videos. <br />
    The town council quickly passes a new ordinance prohibiting the sale or rental to any person of any video material that is ?grossly indecent or offensive? and that ?might be harmful to persons under the age of 18.? Town leaders say that such material is readily available in Seattle and other communities, and there is no need to permit such material in Mill Creek. <br />
    Two days after the opening of Van Nuys Video, the store manager is arrested for violating the new ordinance for renting a copy of ?Midnight Cowboy? to an adult customer. The film, the story of a male prostitute, is the only X-rated movie to win the Academy Award for best picture (1969). Although unchanged, the film was re-rated several years ago to an ?R? or restricted status. <br />
    City officials argued that the content of the motion picture clearly meets the definition in the ordinance of material that is grossly indecent or offensive and could be harmful to adults as well as young people. Attorneys for Van Nuys argue that the town?s ordinance is invalid because it violates the First Amendment. City officials say the First Amendment doesn?t protect movies and point to the MPAA film rating system in effect at theaters as evidence that filmmakers do not have the same constitutional freedoms as authors. <br />
    A.Is the city ordinance the test that would be used to determine whether or not such a video can be rented to adults? Or is there another more appropriate test the court will use? If so, name this test.. <br />
    B.What are the basic provisions of this test?. <br />
    C.What is the likelihood that the video will be determined to be obscene? <br />
     
  2. EricH

    EricH New Member

    A. The standard used is whether the video offends commonly held community values. The town's ordinance is irrelevant because it is superceded by superior law ( State and Federal Law)

    B. Just what it sounds like - if common community values hold that this is not obscene, the city will lose.

    C. Slim to none.
     

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